JUSTICE LEGISLATION AMENDMENT (PAROLE REFORM AND OTHER MATTERS) ACT 2016 (NO. 76 OF 2016) - SECT 3 New section 74AAA inserted

JUSTICE LEGISLATION AMENDMENT (PAROLE REFORM AND OTHER MATTERS) ACT 2016 (NO. 76 OF 2016) - SECT 3

After section 74 of the Corrections Act 1986 insert —

        " 74AAA     Conditions for making a parole order for prisoner who murdered police officer

    (1)     The Board must not make a parole order under section 74 or 78 in respect of a prisoner convicted and sentenced (whether before, on or after this section comes into operation) to a term of imprisonment with a non-parole period for the murder of a person who the prisoner knew was, or was reckless as to whether the person was, a police officer, unless an application for the parole order is made to the Board by or on behalf of the prisoner.

    (2)     The application must be lodged with the secretary of the Board.

    (3)     In considering the application, the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.

    (4)     After considering the application, the Board must not make a parole order under section 74 or 78 (as the case may be) in respect of the prisoner unless the Board—

        (a)     is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—

              (i)     is in imminent danger of dying, or is seriously incapacitated and, as a result, the prisoner no longer has the physical ability to do harm to any person; and

              (ii)     has demonstrated that the prisoner does not pose a risk to the community; and

        (b)     is further satisfied that, because of those circumstances, the making of the parole order is justified.

    (5)     For the avoidance of doubt, section 73A also applies to the determination of the Board under this section.

    (6)     In this section, "police officer "means a police officer—

        (a)     who, at the time the murder of that police officer occurred, was performing any duty or exercising any power of a police officer; or

        (b)     the murder of whom arose from or was connected with the police officer's role as a police officer, whether or not the police officer was performing any duty or exercising any power of a police officer at the time of the murder.".